What is Acquittal or conviction? What is Absence of complainant? What is Compensation for accusation without reasonable cause? Section 248, 249 and 250 of Code of Criminal Procedure 1973

Acquittal or conviction, Absence of complainant and Compensation for accusation without reasonable cause are defined under Section 248, 249 and 250 of CRPC 1973. Provisions under this section is:

Section 248 of CRPC "Acquittal or conviction"

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.

(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Magistrate no shall the accused be asked to plead thereto no shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).

Section 249 of CRPC "Absence of complainant"

When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

Section 250 of CRPC "Compensation for accusation without reasonable cause"

(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Indian Penal Code shall, so far as may be, apply.

(5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him:

Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.

(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.

(8) The provisions of this section apply to summons-cases as well as to warrant-cases.

TRIAL BEFORE A COURT OF SESSION

What is Trial to be conducted by Public Prosecutor? What is Opening case for prosecution? What is Discharge? What is Framing of charge? Section 225,226,227 and 228 of Code of Criminal Procedure 1973

What is Conviction on plea of guilty, Date for prosecution, What is evidence, What is Evidence for prosecution? What is Acquittal? Section 229,230,231 and 232 of Code of Criminal Procedure 1973

What is Entering upon defence? What is Arguments in Criminal Case? What is Judgment of acquittal of conviction? What is the effect of Previous conviction? Section 233, 234, 235 and 236 of Code of Criminal Procedure 1973

What is Procedure in cases instituted under section 199(2)? Section 237 of Code of Criminal Procedure 1973

What is Compliance with section 207? When accused shall be discharged? What is Framing of charge? What is Conviction on plea of guilty? Section 238, 239, 240 and 241 of Code of Criminal Procedure 1973

What is Evidence for prosecution? What is Evidence for defence? Section 242 and 243 of Code of Criminal Procedure 1973

Cases instituted otherwise than on police report

What is Evidence for prosecution? When accused shall be discharged? What is the procedure when Procedure where accused is not discharged? What is Evidence for Defence? Section 244, 245, 246 and 247 of Code of Criminal Procedure 1973

Conclusion of trial

What is Acquittal or conviction? What is Absence of complainant? What is Compensation for accusation without reasonable cause? Section 248, 249 and 250 of Code of Criminal Procedure 1973

 

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